SALT LAKE CITY – A bill addressing access to transgender restrooms is currently on Governor Spencer Cox’s desk for his signature or veto.
There was some last-minute drama when the House of Representatives refused to approve the Senate’s changes to House Bill 257 on Friday night. This prompted representatives from the House and Senate to convene a “conference committee” to draft an agreement.
FOX 13 News was present when the deal was reached. The LGBTQ advocacy organization Equality Utah requested that language be changed, and a clause that made it illegal for children to use restrooms other than their sex at birth in public schools was removed.
Rep. Kera Birkeland, R-Morgan, the sponsor of HB257, stated that “we never wanted any child to get a criminal record for just being in the wrong bathroom for whatever reason.”
The law requires transgender individuals to use a public restroom or locker room that corresponds to their sex at birth, unless they have fully transitioned. However, there isn’t much enforcement power in public restrooms if someone continues to use a restroom that aligns with their gender identity. However, there is a possibility that they could be accused of trespassing, voyeurism, or lewdness.
Sen. Dan McCay, R-Riverton, told FOX 13 News, “Going into a restroom that is inconsistent with your birth sex or legal sex puts you at greater risk.” “That’s the best way for everyone to look at it, and tell me how to avoid risk, how do I avoid the risk of being arrested, what I might worry about, or what might happen with the legal penalties that go along with it.”
The bill retrofits older public facilities and adds more mixed spaces as new public facilities are renovated.
“These are the issues that we raised and urged legislators to address. We appreciate their promptness,” Equality Utah said in a statement on Friday regarding the repeal of laws that criminalize children. “We continue to support the idea that trans Americans have the right and freedom to use public restrooms. We apologize for the anxiety and distress that many in the community are feeling as they read these bills.”
The governor’s office declined to comment on whether he would veto or sign the legislation.
The House also approved Senate amendments to House Bill 261 on Friday, which repeals and replaces Diversity, Equity, and Inclusion offices on school campuses. That bill, which also prohibits mandatory workshops on diversity and forbids “diversity statements” in job applications in state governments, also goes to Gov. Cox’s desk. He has previously indicated his support for such measures.
The act has been amended to preserve student organizations, cultural centers, and scholarships available to members of underrepresented communities on campus. It replaces DEI practices with “student achievement centers,” which, according to proponents, will appeal to a wider audience. It was also clarified on Friday that the policy does not affect the University of Utah’s agreements with the Ute Tribe to use the name “Utes.”
